Trump Targets His Own Judge After She Ends His Plan

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2:15Donald Trump doesn't like it. MAGA World's gone nuts. Stephen Miller's called her an insurrectionist. And Donald Trump has also conveniently blamed other people for having picked Judge Karen Immergut, supremely qualified, a Trump pick back in the first term. It's always somebody else. Oh, Federalist Society. Oh, Leonard Leo. Oh, you misled me. She didn't rule for me. She didn't rule for you because you are violating the statutes that allow you to send in and federalize the National Guard into places like Oregon. And then in defiance, when she ordered you to stand down and to not take command of the Oregon National Guard, because the elements that are necessary in order for a president to do that are not present, it's not limitless.

3:08than you sent in the California Guard and you sent in the Texas Guard and you got slammed again. Donald Trump doesn't like any of it. I got a great clip of Donald Trump losing his mind. Another one in reference to Stephen Miller's comments and those right on cue of right-wing conservative media who's all lost their mind over Judge Karen Immigatt. We'll do an examination of her life and career as well right here on the Midas Touch Network and on Legal AF. How'd we get here? Donald Trump said that Portland is war ravaged, except the problem is nobody in Oregon really believes that. And there's only been one or two incidents of interactions between protesters around ICE facilities and federal officers.

3:54And nobody's gotten hurt. Peaceful protest is called First Amendment freedom of freedom of expression and right to peaceably assemble and petition your government for redress of your grievances. It's all right there in the Constitution and the Bill of Rights. So the case got assigned to Judge Imbergutt, and about 4.30 on Saturday, she issued Temporary Restraining Order No. 1. Temporary Restraining Order No. 1 said no under the statute. We call it Section 12406. There's no rebellion present. There's no foreign incursion, no foreign war present. and you're not having difficulty as the executive, you know, the president, in executing federal law because local law enforcement can handle all of it.

4:44Well, Donald Trump didn't like any of that. And so when asked by reporters about his own Trump pick, of course, embarrassed, here's what he had to say. Let's roll the clip.

4:52Michael Popok:Pointed to the judge and he goes like that. So I wasn't served well. Obviously, I don't know the judge, but if he made that kind of a decision, Portland is burning to the ground you have agitators insurrectionists all you have to do is look at the look at the television turn on your television read your newspapers it's burning to the ground the governor the mayor the politicians are petrified for their lives and you have a judge like that he ought to be that judge ought to be ashamed of him all right so uh Donald Trump decides to exercise his non-existent war powers in this scenario and send in the California Guard.

5:33Remember, the California Guard was a specific allowance, if you will, by the Ninth Circuit Court of Appeals to allow under those limited circumstances of some real clashes between federal officers and local people in California to allow the National Guard to be commandeered by Donald Trump for a period of time. Not to be able to export them, the National Guard, to other states under different factual scenarios, that's not what the Ninth Circuit had to say for itself. In fact, I asked Rob Bonta, the attorney general, late last night after they got the second order about how these actions impact their case in California, which is still pending in front of the Ninth Circuit.

6:24He thinks it's a big help. It's a gift that they're going to take. Let's play the clip. But everything reports up in these cases to the same Ninth Circuit Court of Appeals. And I would think they're not. It strengthens your hand, certainly in the California Ninth Circuit case to see how Donald Trump has interpreted unique set of facts that he was able to at one time convince the Ninth Circuit about. Now trying to take them on the road to go to any state that he that he says, well, I'm having trouble enforcing the law. Let me just take it. I don't think that's what the Ninth Circuit three judge panel had in mind.

7:00Do you? I don't. And look, this on August 8th, Trump deployed 300 National Guard for 90 days longer in Los Angeles, arguing that they are necessary and essential to enforce the federal laws and to keep people safe. And then today he's like, nah, maybe I'll send all of them to Portland. They don't need to be in L.A. So it completely undercuts his position in our case in L.A., and we're going to make that known to the court that these federal federalized National Guard are so essential and so necessary to keep the peace and keep public safety that they were all sent away a thousand miles away to another to another.

7:46You were given a gift. I mean, it is deplorable what happened. And we are going to let the court know how it impacts the case that we have. I like the fact that Immergut, Judge Immergut, in her Saturday order, actually tipped her hat to your judge in California, Judge Breyer, and said, I like what the district court judge did about how you spot a rebellion. I think those. So once I saw that. All right. Now, once Trump tried to do that in open defiance of the federal judge, Judge Immergott called an emergency hearing last night at 7 p.m. Pacific time Sunday night about the new second temporary restraining order that Oregon filed along with California about this defiant act, asking for a second TRO.

8:46and the judge after a hearing granted the second TRO.

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10:12Michael Popok:upgrade your sleep with miracle made go to try miracle.com slash legal af and use the code legal af to claim your free three-piece towel set and save over 40 off again that's try miracle.com slash legal af to treat yourself thank you miracle made for sponsoring this episode now here's what um here's what steven miller who always leads the gang here the rogues gallery here's what he had to say. Stephen Miller said after the first ruling, he called it legal insurrection, effectively calling her an insurrectionist and a traitor. The president is the commander in chief of the armed forces, not an Oregon judge.

10:57Right. You're not commanding the armed forces here, Stephen. You're trying to commandeer the National Guard, which violates the 10th Amendment and the power given to the states and our federalist system. He goes on, though. Portland and Oregon law enforcement at the direction of local leaders have refused to aid ICE officers facing relentless terrorist assault and threats to life. Let me just make this clear. There is zero evidence of any of that happening. In fact, if you read, and I have it up on Substack, if you read the 31-page opinion by Judge Immergut, she says there's about, I don't know, 20 or 30 people that are still protesting that even at its height, there were no injuries to or damage to ICE buildings or injuries to ICE officials.

11:48So that's a lie. This is an organized terrorist attack on the federal government and its officers. And the deployment of troops is an absolute necessity to defend our personnel, our laws, our government, public order, and the republic itself. Has he been to Oregon? I'm sure the judge, while sipping her latte on the very safe streets of Portland, found this description of war ravaged Oregon to be quite peculiar. In fact, she said in her own order that Donald Trump's view of Oregon was not tethered to reality or to the facts. You know, a little a little minor problem. Right on cue, other right-wing MAGA people started calling the ruling unacceptable intrusion on core executive branch function.

12:41I don't think they understand. I know they don't understand because they buried their head in the sand how our federalist system works and the power to the state. This is what Judge Imbergut had to say in her order. Give me one second here. She said on page 30 of her original order, and these words resonate, are we a country of a constitutional law or martial law? She said, this country has a longstanding and foundational tradition of resistance to government overreach, especially in the form of military intrusion into civil affairs. That tradition has deep roots in our history and found early expression, for example, in the constitutional provisions for civilian control of the military.

13:30That's why we have to see Pete Hegseth parade around as the Secretary of War. She then quotes from James Madison, the address to the Constitutional Convention in 1787, a standing military force with an overgrown executive. Isn't that what we have right now? An overgrown executive. Will not be safe, will not long be safe companions to liberty. The means of defense against foreign danger have been always the instruments of tyranny at home. This historical tradition boils down to a simple proposition, Judge Immergut said. This is a nation of constitutional law, not martial law. Defendants have made a range of arguments that have accepted risk blurring the line between civil and military federal power to the detriment of this nation.

14:22stick that in your pipe and smoke it right right wing MAGA she's not an insurrectionist you just don't like her rulings because you've done things that are wrong and unconstitutional once again and got caught doing it so we're going to continue to follow what happens next new temporary restraining order is out I'm posting it on um I'm posting on legal af sub stack Here's what it says. Defendants, which is Donald Trump and his administration, are temporarily enjoined from deploying federalized members of the National Guard in Oregon, regardless of where they come from. So stand down, Texas. Stand down, Georgia.

15:03Stand down all the ruby red MAGA states. You're not sending your National Guard, because Donald Trump asked you to, to Oregon. Okay, this one will expire 14 days from October 19th. She's then going to hold another hearing on October 17th to address whether it should be extended for another 14 days. She's asked that a motion for preliminary injunction, the next level up in injunctions, be filed by October 17th and full briefing by the 27th of October. And then she wants a hearing on the preliminary injunction and a trial on the merits. New trial set now, October the 29th, 2025 at 9 a.m. We'll cover it on Legal AF, the YouTube channel.

15:54We'll put it up as a live report as soon as we're able to get in on the phone. it won't be televised, but on the phone audio, we'll put it up on Legal AF YouTube. So in the meantime, I'm Michael Popok, fast moving story. Look for my updates on Legal AF Substack Live. So until my next report, this is Michael.

16:13Michael Popok:Can't get your fill of Legal AF? Me neither. That's why we formed the Legal AF Substack. Every time we mention something in a hot take, whether it's a court filing or a oral argument, come over to the Substack. You'll find the court filing and the oral argument there, including a daily roundup that I do call, wait for it, Morning AF. What else? All the other contributors from Legal AF are there as well. We got some new reporting, we got interviews, we got ad-free versions of the podcast and hot takes. Where? Legal AF on Substack. Come over now to free subscribe.

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